CHAPTER VII

THE SAYBROOK PLATFORM AND THE TOLERATION ACT

They keep the word of promise to our ear and break it to our

hope.--_Macbeth,_ Act V, Sc. viii.

The Connecticut General Court incorporated in the act establishing the

Saybrook Platform the proviso--

that nothing herein shall be intended or construed to hinder or

prevent any Society or Church that is or shall he allowed by the

laws of this government, who soberly differ or dissent from the

United Churches hereby established from exercising worship and

discipline in their own way, according to their conscience.

Here then was the measure of such religious toleration as could be

expected. It appears a liberal measure. It was liberal in that day and

generation, when men's minds were so firmly possessed by the belief

that civil order was closely dependent upon religious uniformity. The

exact purport of the proviso, however, can best be gauged by

considering it in connection with a legislative act that immediately

preceded it, and by studying the conditions which prompted or enforced

this earlier legislation, known as the Toleration Act of 1708.[a]

As conditions were at its passage, the proviso applied only to certain

Congregational churches that, preferring the polity of the Cambridge

Platform, were determined to adhere to it. In earlier years, these

churches, with their exacting test of regenerative experience, had

constituted the majority. In later years, the Half-Way Covenant

practice and Stoddardeanism had shifted the relative position of

church parties. Now, the proviso represented that liberal-minded

party within the church who would extend tolerance to the minority who

still clung to the outgrown convictions and principles of an earlier

age. This tolerance was extended from a two-fold motive: for the

reason just assigned, and because the government hoped, by permitting

a liberal interpretation of the Saybrook Articles, to win over these

tolerated Congregational churches. It trusted that the anticipated

benefits, proceeding from the new order of church government, would

further convince them of the superior advantages derivable from the

Presbyterian or more authoritative rendering of the Saybrook

instrument, and that through such a policy, the ready acceptance of

the Saybrook Platform by all the churches in the colony would be

secured. Furthermore, it would not do for the colony to make an

important law, following the great English precedent of 1689 which had

granted toleration to dissenters, and then, within six months, frame a

constitution for its Established Church, so rigid that no room could

be found in the colony for any fundamental differences in faith or

practice. Consequently, the proviso was made to include both tolerated

Congregationalists and any dissenters who might in the future be

permitted to organize their own churches, or, in the words of the

Court, "any Society or Church that is or shall be allowed by the laws

of this government." Thus the proviso was practically forced into the

October legislation of the General Court by the passing of the

Toleration Act at its spring session, notwithstanding the fact that

its inclusion was in accord with the sentiment of the liberal party.

Toleration Act and proviso notwithstanding, no rival church was

desired at this time in Connecticut. No rival creed was

recognized. True, there were a few handfuls of dissenters scattered

through the colony, but Congregationalism, with a strong tincture of

Presbyterianism, was almost the unanimous choice of the people. It was

largely outside pressure that had forced the passage of the Toleration

Act, even if it accounts for itself as a loyal following of the

English precedent of 1689. Although it had always been understood that

the colonies should make no laws repugnant to the organic or to the

common law of England, Connecticut was determined to protect as much

as possible her own approved church, to keep it free from the

contamination not only of infidels and heretics, but also from

Church-of-England dissenters and from all others. Accordingly she

placed side by side upon her statute book a Toleration Act with a

proviso in favor of her Established Church, and a Church platform with

a proviso for "sober dissenters" therefrom.

The circumstances which led up to and enforced the passage of the

Toleration Act were many and varied. The motives were complex.

Considerations religious, political, social, and economic entered into

the problem which met the Connecticut legislators when they found

their colony falling into disfavor with the King. This problem,

resolved into its simplest terms, consisted in securing continued

exemption from external interference. If Connecticut could retain the

King's approval, she could prevent the intrigues of her enemies at the

English court and could control the situation in the colony, whatever

its aspects, secular or religious. And with reference to the latter,

she would still be able to exalt her Establishment and to keep

dissenters, however they might increase in kinds or numbers, in a

properly subordinated position.

In order to obtain a grasp of the situation within the colony at the

time when its government concluded that the passing of the Toleration

Act would be politic, it is necessary to examine the status of the

dissenters there. Of these there were four classes, the Quakers or

Society of Friends, the Episcopalians, the Baptists, and the

Rogerines. Of these, the Quakers and the Episcopalians were the first

to make the Connecticut government forcibly realize that, if she

interfered with what they believed to be their rights, there would

probably have to be a settlement with the home government. But as the

efforts of these sects to interest the English government in their

behalf run parallel with and mix themselves up with other complaints

against Connecticut, it will make the history of the times clearer if

the early story of the Baptists and Rogerines is first told.

The Baptists early appeared in New England, but it was not until 1665

that Massachusetts permitted their organization into churches, and not

until 1700, only eight years before the Saybrook Platform, that Cotton

Mather wrote of them, "We are willing to acknowledge for our brethren

as many of them as are willing to be acknowledged." In her dislike of

them, Massachusetts had the full sympathy of Connecticut. And it was

with great dissatisfaction that the authorities of the latter colony

saw these dissenters, early in the eighteenth century, crossing the

Rhode Island boundary to settle within her territory. Accordingly, in

1704, the General Court of Connecticut refused them permission to

incorporate in church estate. When in the following year, in spite of

the legislature's refusal, they organized a church at Groton under

Valentine Wightman,[b] the Assembly proceeded to inflict the full

penalties of the law. While the Baptists had cheerfully paid all

secular taxes, they had made themselves liable to fines and

imprisonments by their refusal, on the ground of conscience, to pay

the ecclesiastical ones, and, as they continued to refuse, fines and

imprisonment and even flogging became their portion. Governor

Saltonstall, mild in his personal attitude toward the three other

groups of dissenters, thoroughly disapproved of the Baptists, seeming

to fear their growing influence in New England and their increasing

importance in the mother country. He believed in a policy of

restriction and oppression toward the mere handful of them that had

settled within his jurisdiction.

Apart from the main body of the Baptists, there were in Connecticut a

number of Seventh-day Baptists and Rogerine Baptists or Rogerine

Quakers. There were a very few of them,--not more than a dozen in

1680.[c] Setting aside the earliest persecution of the Quakers, these

Rogerines were the first dissenters to fall under the displeasure of

the Connecticut authorities. They were the first to be systematically

fined, whipped, and imprisoned for conducting themselves contrary to

the laws for the support and honor of the Connecticut

Establishment. For this reason, though they were weak in numbers and

often an exasperating set of fanatics, they deserve a hearing. Their

persecution began about 1677, while these people were chiefly resident

in New London and the Seventh-day men were mostly members of the

Rogers family. Later, the Rogerines spread to Norwich and Lebanon and

their immediate vicinity.

This sect of Rogerines arose from the intercourse through trade of two

brothers, John and James Rogers of New London, with the Sabbatarians

or Seventh-day Baptists of Rhode Island. These brothers were baptized

in 1674 and 1675, and their parents in the following year. All were

received as members of the Seventh-day church at Newport. This did not

trouble the Connecticut authorities, who appear not to have interfered

with the converts until they committed a flagrant offense and put

public dishonor upon the colony church; as in 1677, when elders of the

Rhode Island church arrived in New London to baptize the wife of

Joseph Rogers, another brother of the first two converts. The elders

selected for their baptismal ceremony a quiet spot about two miles

from the town. This did not suit John Rogers, who insisted that the

town was the only proper place, and led the little procession into

it. Mr. Hiscox, one of the elders, was seized while preaching and

carried before the magistrates, but was soon released. Deprived of

their leader, the Sabbatarians withdrew to another place, and John

Rogers, arrogating to himself the office of elder, performed the

baptismal service. From this time forth he began to draw disciples to

himself. When he pushed his personal opinions too far, the Newport

church attempted to discipline both him and his following, but, this

attempt failing, the Rogerines became henceforth a distinct sect.

The Rogerines, though strictly orthodox in the fundamental articles of

the Christian faith, were opposed by the Connecticut magistrates as

teachers of doctrines tending to undermine religion, as a persistently

rebellious sect, and as notorious breakers of the peace. In faith and

practice, these Rogerines bore some resemblance to the Baptists and

also to the Quakers. Hence, they were often called Rogerine-Baptists

or Rogerine-Quakers. Like the earlier Baptists and the Quakers, they

believed it wrong to take an oath. They differed from the

Congregationalists chiefly in their form of administering baptism and

the Lord's supper and in their opposition to any paid ministry. Rogers

also claimed that there were certain tests of personal regeneration

which the Congregationalists denied. John Bolles, one of the later

leaders of the sect, declared the Congregational Sunday to be "a great

Idol in this Country, and all the Religion built on the Holiness of

the pretended Sabbath is Hypocrisy and further that it is contrary to

Scripture, for Christians to exercise Authority over one another in

matters of Religion." [67] Rogers, with less dignity and more

pugnaciousness, called the authorities "the scarlet beast" and the

Establishment a "harlot," hurling scriptural texts with rankling,

exasperating abusiveness in his determination to prove her customs

evil and anti-Christian. Not content with such railing, the Rogerines

determined to show no respect to their adversaries' opinions and

worship. Thus, while maintaining that there should be no _public_

worship, Rogers, after his separation from the Seventh-day Baptists,

perversely chose Sunday as the day most convenient for the Rogerines

to hold their meetings. They not only exhorted and testified in the

streets, but forced their way into the churches, pestering the

ministers to argue disputed points. They offended in another way,

for, according to the colony law, they profaned the Sabbath by

working, claiming that, as all days were holy, all were alike good for

work. Fines and imprisonment began in 1677. They were continued in the

hope, held by the authorities, that they could suppress the Rogerines

by exactions which should melt away their estates. Sometimes these

penalties were unjust, as when John Rogers could rightly claim that he

was sentenced without benefit of jury, and, at another, that the

authorities had seized his son's cattle to settle the father's fines.

John Bolles pleaded against the injustice of forcing men "to pay Money

for his (the minister's) preaching when they did not hear him and

professed it was against their Consciences." [68] But such a plea was

many, many years in advance of his time. The Rogerines, important, in

their own estimate, as called of God, and angered by opposition,

seized upon every scriptural passage that bade them exhort and

testify, feeling it their duty to do so both in season and out. Had

they been willing to give up this practice in public, they would

probably have been left in comparative peace, for Governor Saltonstall

wrote to Rogers offering him protection for his followers if they

would consent to give up "testifying" and would hold their services

quietly and privately. Rogers refused upon the ground that he had a

right to use the colony churches for his preaching, since he and his

people were obliged to contribute to their maintenance. This was

logical, but not acceptable to the Connecticut magistrates, who

continued to cool the enthusiasm of the Rogerines by occasional heavy

penalties, and to look upon them as a set of fanatics, doomed to

self-extinction.

The attitude of the Connecticut authorities at this time toward the

Quakers, or Society of Friends, was quite different from that assumed

toward the Baptists and Rogerines. A retrospect of their history in

the colony shows them to have been the earliest dissenters, and also

the ones to whom concessions, though only temporary, were first

made. Previous to the Restoration, the Quakers were the only

dissenters with whom Connecticut had to deal. They appeared in

Massachusetts in 1655, and in the following year New Haven colony

found no laws could be too severe for the "cursed sect of the

Quakers." The General Court of Connecticut seconded the efforts of

both New Haven and Massachusetts to exclude the obnoxious and

determined sect, but it soon decided that its fears had been greatly

exaggerated, and that mild laws and town legislation were

sufficient. Accordingly, town officers were instructed to prevent

Quakers settling in the colony, to forbid their books and writings,

and to break up their meetings. It was forbidden, however, to lay upon

them a fine of more than ten pounds or, under any circumstances, the

death penalty.

While New Haven whipped, branded, and transported Quakers,[d]

Connecticut mildly enforced her laws against them, [69] and how mildly

the following incidents will show. In 1658, John Rous and John

Copeland, traveling preachers, reached Hartford. They were allowed to

hold a discussion in the presence of the governor and magistrates upon

"God is a Spirit." At its close, they were courteously informed that

the laws of the colony forbade their remaining in it, and were

requested to continue without further delay their journey into Rhode

Island. This request was heeded, but while on their way, to quote

Rous, "The Lord gave us no small dominion." It would seem as if the

wise Quaker had taken the benefit of the law which forbade his

remaining "more than fifteen days in a town," and, also, of the

friendly curiosity of the people along his route. Rous further

testified in behalf of Connecticut that "Among all the colonies found

we not like moderation as this; most of the magistrates being more

noble than those of the others." [70] A short time after Rous's visit,

two Quakers, who persisted in holding services, were arrested and

banished.[e] Still later, two women who attempted to conduct services

in Hartford met with similar treatment, of whom their historian

records: "Except that some extra apparel which they took with them was

sold by the jaoler to pay his fee, no act of persecution befell them

at Hartford." [71] As late as 1676, when the Congregationalists and

the constables of New London, with great violence, broke up a Friends'

meeting, held by William Edmundson, he tells us that "the sober people

were offended at them," [72] and that on the following Sunday, at "New

Hartford" (Hartford), after the regular morning service, he was

allowed to speak unhindered. The same afternoon, when he attempted to

speak in another meeting-house, the officers, urged on by the

minister, "haled me," he writes, "out of the worship-house, and hurt

my arm so that it bled." When he asked them if they thought that was

the right treatment of a man faint from fasting all day, they, with

excuses for the conduct of the minister and the magistrates, hurried

him to an inn. There the people were allowed to listen to his

discourse, and, the next morning, he was bidden to go freely on his

way.

Most of the Connecticut Quakers were in the border towns. Few, if any,

organized societies were formed in Connecticut until about the time of

the Revolution. Their scattered converts were ministered to by

traveling preachers, and, where possible, members would cross the

boundaries to attend the Quarterly or Monthly Meetings in neighboring

Rhode Island, or possibly Massachusetts, or on Long Island. These

dissenters had quickly perceived the strength of union, and as early

as 1661 the Rhode Island Yearly Meeting had been established, with its

system of subordinate Quarterly and Monthly Meetings. Soon after,

Yearly Meetings at Philadelphia brought reports from the southern and

middle colonies. Those at Flushing, Long Island, collected news of

converts from New York as far east as the Connecticut River, while the

Yearly Meeting at Newport, Rhode Island, heard from all members east

of that river. The custom of exchanging yearly letters, giving the

gist of these three annual meetings, was soon instituted. After the

establishment of the London Yearly Meeting, the frequent exchange of

letters with the colonial Quakers, begun in 1662, was reinforced by

the exchange of English and American preachers. By similar means, the

whole Society the world over was bound closely together. Their common

interests were guarded, and every infraction of their liberties

known. If in any of the colonies, as in Connecticut, they were

oppressed for their refusal to pay ecclesiastical taxes and to bear

arms, the facts were known in England. Secular taxes they cheerfully

met, but others were against their conscience. They were excellent

citizens, and they were everywhere friendly with the Indians. Because

of this friendship, and because the Connecticut colony desired the

good offices of the Rhode Island authorities during the dangerous King

Philip's War, the General Court had decided to show favor to the few

Quakers who were then within the colony. Accordingly, in 1675, a bill

was passed temporarily releasing the Quakers from fines for absence

from public worship, provided "that they did not gather into

assemblies within the colony or make any disturbance." How long this

law was operative is uncertain, but probably until about 1702. It, is

omitted in the revision of the laws of that year, and Gough, in his

"History of the People called Quakers," says that the persecuting

spirit died away, but was renewed by Connecticut in 1702.[f] We know

some of the causes that probably led to its revival, such as the

extravagances of the Rogerines, the increase of the Baptists, and the

general feeling that the Congregational churches were inherently weak

among themselves before this threatening increase of external

foes. Moreover, in this same year, there began a very definite

propaganda in behalf of an American episcopate. The attempt to revive

persecution against the Quakers was unfortunate. They believed in

liberty of conscience as a natural, inalienable right, and its

practical exercise they meant to have. Their leaders were constant in

their loyal addresses and dignified petitions to the throne. The great

English Toleration Act had befriended them, and the Act of 1693 had,

by substituting affirmation for oath, allowed them to take full

advantage of the toleration measure. Such religious liberty as they

enjoyed in England, they meant to possess in England's colonies; and

when Connecticut, in 1702, again put on the thumb-screws of

persecution, these dissenters at once sent a protest across the seas.

Their great leader, William Penn, was again in favor at court and with

the Queen, who, in Privy Council, October 11, 1705, favorably heard

their petition and promptly annulled the Connecticut law of 1657

against "Heretics, Infidels and Quakers," declaring it void and

repealed. "The repealing of this Act put a final period to the

persecuting of Quakers in New England." [73] To be more exact, it put

an end to persecution, but not to occasional fines or to legalized

taxes which the Quakers still considered unjust. But as Connecticut

had many serious problems on her hands at this time, she thought it

prudent to follow the lead of the Crown, and repealed the law of 1657,

in so far as it applied to the Quakers.

The year that the Quakers scored this victory, the Episcopalians

lodged with the home government a serious complaint of the intolerance

that Connecticut showed towards members of the Church of England. They

complained that--

they have made a law that no Christians who are not of their

community, shall meet to worship God, or have a minister without

lycence from their Assembly; which law even extends to the Church

of England, as well as other professions tolerated in

England. [74]

This was not the first time that such a complaint had been carried to

England. As early as 1665 [g] it had been made, within a year after

Connecticut had satisfied the Commissioners of Charles II, sending

them home convinced that the Church of England services would be

allowed in the colony as soon as there were settlers who desired

them."[h] As there were no Episcopalians in the colony then, nor for

nearly thirty years afterwards, and as Connecticut was in high favor

with the Stuarts, little heed was paid to the complaint at the time,

nor until long years afterwards, when it was coupled with graver

offenses.

Back of the personal affront to the sovereign in the persecution or

oppression of members of the Church of England, there were graver

causes of offense such as the Crown regarded as mistakes, or even

misdemeanors. For many years Connecticut had been virtually an

independent and sovereign state within her own borders. Her charter

was a most liberal one. She had sought approval for it from the

sovereigns, William and Mary, and, while she had been unable to obtain

for it the crown's expressed approval, she had secured from the best

legal talent a judgment declaring it still valid. She continued to be

practically exempt from external interference with her domestic policy

for a number of years after the Revolution of 1688, yet from that time

on there was always at the English court a party, at first largely

influenced by Sir Edmund Andros and his following, who were either

jealous of Connecticut's charter or envious of her prosperity. They

were always scheming and ready to prejudice the king against his

colony, or to antagonize the Board of Trade.

Within her own borders, Connecticut was peaceful, prosperous, and

contented. For the most part, she was free from the harassing danger

of Indian war. She readily contributed her share for the common

defense of the colonies, and sent her loyal quotas to fight for

England's territorial claims. For many years, Connecticut was shrewd

enough to steer clear of the disastrous inflation of paper currency

which overtook her sister colonies. Many strangers were attracted by

her prosperity, so that, notwithstanding frequent emigrations of her

people, she trebled her population about once in twenty years all

through the first century of her existence.[i] With this increasing

population came, in the latter part of the seventeenth century,

members of the Church of England, who settled in Stratford and in the

towns adjacent to New York.[j] They quickly found that their previous

impressions were erroneous, and that Connecticut would not tolerate

their religious services. Consequently, a report of the religious

condition in Connecticut was made in England, in 1702, at about the

time the Quakers complained of renewed persecution and at a time when

the enemies of the colony were extremely active in charging her with

misconduct.

A report of Connecticut's ecclesiastical constitution and of her

oppression of dissenters was made to the Bishop of London by John

Talbot, who, with George Keith, had traveled through Connecticut on

his way from New York to Boston. These men were missionary priests of

the Church of England. In New London, Governor Saltonstall, then the

minister of that town, knowing that there were a few Church-of-England

men in the place, had met the travelers, "civilly entertained them at

his house," and "invited them to preach in his church." [75] The

Governor might not, the magistrates certainly did not, feel so kindly

disposed toward Talbot a year or so later, when it was found that,

upon his return to New York, he had written home to his superiors in

England, earnestly advocating an American episcopate. True, he urged

that the American bishop should have ecclesiastical powers only, and

that those ecclesiastico-civil in character, such as the probating of

wills, granting of marriage licenses, and the presentation of livings,

should remain in the hands of the colonial governors. But the

Connecticut authorities were not forgetful of Laud's purpose in 1638

to appoint a bishop over New England, and its frustration by the

political unrest at home. They recalled that the revival of such a

project had floated as a rumor about those royal commissioners of 1664

to whom they had given such satisfactory, if evasive,

answers. Moreover, an Order in Council of 1685, of which there is

external evidence, though the order itself is not recorded, had vested

ecclesiastical jurisdiction over the colonies in the Bishop of

London. [76] Connecticut knew also that four years later, in 1689 (the

year that Episcopacy erected King's Chapel, Boston, with its royal

endowment of £100 per year), the first commissary had been dispatched

to Virginia to superintend the churches there. The Crown, as yet, had

deemed it unwise to thrust an episcopate upon its dissenting colonies,

and, except for a short time before Queen Anne's death, it was to take

no interest in the plans for the American episcopate until some forty

years later, when the King thought to discern in it some political

advantage. But early in 1700, when complaints were lodged against

Connecticut, there was a strong party within the English Church itself

who were most anxious to see the episcopal bond between the mother

country and her colonies strengthened. For this purpose, they had sent

to America, in 1695, the Reverend Thomas Bray to report upon the

conditions and churchly sentiment within the colonies. His report was

published under the title, "A Memorial representing the State of

Religion in the Continent of North America." It was an appeal for

episcopal oversight, and resulted in the formation in England, in

1701, of the Society for the Propagation of the Gospel in Foreign

Parts. To this organization belonged all the English bishops with all

their influential following. The Society regularly maintained

missionary churches and missionary priests throughout the colonies.

Candidates for this priesthood were required to submit to a thorough

examination as to their fitness. Before sailing, they were required to

report to the Bishop of London as their Diocesan and to the Archbishop

of Canterbury as their Metropolitan. They were required to send full

semi-annual reports of their work and to include in them any other

information that promised to be of interest or advantage to the

Society. John Talbot and George Keith were two of these missionaries.

Talbot's appeal for the American episcopate was seconded in 1705 by

fourteen clergymen from the middle colonies who convened at

Burlington, N. J., to frame a petition to the English archbishop and

bishops. In it they set forth the necessity in America of a bishop to

ordain and to supply other ecclesiastical needs. The petitioners

added that a bishop was also necessary to counteract "the

inconveniences which the church labors under by the influence which

seditious men's counsels have upon the public administration and the

opposition which they make to the good inclinations of well-affected

persons." [77] In this appeal for a bishop stress was laid upon the

cost and dangers of a trip to England for ordination, [78] and also to

the frequent loss of converts from the independent ministry because of

the lack of ordination privileges in America. These references, and

also that to the "counsel of seditious men," could not be agreeable to

large numbers of dissenting colonists. They would not be viewed with

favor in Connecticut, where, by 1705, Episcopalians had become so

numerous that a wealthy New Yorker, Colonel Heathcote by name, and a

man thoroughly acquainted with his New England neighbor, undertook to

look after the Church-of-England men as unfortunate brethren of a

common faith. He appealed to the English Society for the

Propagating[k] of the Gospel in Foreign Parts to extend its missions

into Connecticut. He asked that Rector Muirson be stationed at Rye,

New York. Colonel Heathcote's idea was:--

to first plant the church securely in Westchester on the border of

Connecticut; and secondly, from that point to act upon

Connecticut, which was wholly Puritan and withal not a little

bigoted and uncharitable.

Naturally, whatever of tolerance the Connecticut people might have

shown two traveling preachers would turn to opposition when they saw

the deliberate and well-organized attempt of this proselyting church,

this old enemy of their forefathers, to invade their colony and

undermine their own Establishment. Consequently, when, in company with

Mr. Muirson, Colonel Heathcote began itinerating through southwestern

Connecticut, ministers and magistrates frequently opposed and

threatened them. The people occasionally welcomed them. They did not

object to hear and to criticise the strangers, and were sometimes

willing to have their good neighbors, if they chanced to be

Church-of-England men, enjoy the ministrations of these passing

visitors. In some places, however, the civil officers went so far as

to go about among the people, even from house to house, to dissuade

them from attending Mr. Muirson's services,[l] and, at Fairfield, the

meeting-house was closed lest it should be "defiled by idolatrous

worship and superstitious ceremonies." [79] The Episcopalians

themselves later acknowledged that, until 1709, they suffered little

persecution beyond "that of the tongue." [m] When they were not

permitted to organize churches, and were forced to pay taxes for the

support of Congregationalism, they complained bitterly to their

friends in England, and such oppression was listed among the many

other misdemeanors, which, at this time, were cited against the former

"dutiful colony of Connecticut."

One of the schemes that Connecticut's enemies sought to carry out,

both for their own advancement, and as a proposed punishment for an

unruly colony, was a consolidation of the New England provinces under

a royal governor. This consolidation was approached when Governor

Fletcher of New York was appointed military chief of Connecticut. His

attempt, in 1693, to enforce his military authority over Connecticut

troops engaged in protecting the northern frontier, resulted in his

failure, and in his angry report to the home authorities of

Connecticut's insubordination and disloyalty. The colony at great

expense sent Major Fitz-John Winthrop to England to answer these

charges. He was successful in proving that Connecticut had not

exceeded her charter rights in her determination to appoint her own

military officers; that, in the wars, she had faithfully contributed

her share to the common defense; and moreover, that it was essential

that she should have the immediate control of her own troops to quell

internal disorder, should it arise, or to repel the sudden approach of

an enemy upon her exposed borders. Major Winthrop also succeeded in

having the colony's military obligations defined as the furnishing to

the common defense of a number of her militia, proportionate to her

population and to be under their own officers, and in war time a

further draft of a hundred and twenty men to be under the direct

control of the governor of New York. Notwithstanding the splendid

success of Winthrop's mission, this same charge of insubordination was

repeated in a long and later list of grievances against the colony.

The consolidation scheme was revived by the appointment of Governor

Bellomont over New York, New Jersey, Massachusetts, New Hampshire, and

as military head of Rhode Island and Connecticut; but the governor

never tried to enforce his authority in Connecticut. In 1701 and 1706,

bills aiming at this proposed consolidation were introduced into

Parliament. That of 1701 failed of consideration from "shortness of

time and multiplicity of issues." In 1704 an attempt was made to

secure the appointment of a royal governor over Connecticut through an

Order in Council, but that body preferred to leave the matter to

Parliament,--hence the bill of 1706 favoring consolidation which

failed of passage in the Lords. It failed largely because of the

energy and eloquence of Sir Henry Ashurst, the Connecticut agent.

Sir Henry also succeeded in getting a copy of the various charges

against the colony, which were thought to justify annulling her

charter, and in obtaining a grant of time to submit them to the

Connecticut General Court for a reply. The colony found that it was

charged with encouraging violations of the Navigation Laws; with

holding in contempt the Courts of Admiralty; with failing to furnish

troops and to place them under officers of the Crown; with executing

capital punishment without any authority in her charter; with

encouraging manufactures, contrary to the known wishes of the Crown;

with irregular and unjust court proceedings; with treating

contumaciously the royal commissioners sent to settle the Mohegan land

controversy; with injustice to the Quakers; with forbidding services

of the Church of England; and with disallowing appeals to

England. These were the more important complaints. In behalf of the

colony, Sir Henry appeared before the Privy Council, and in able

argument showed that many of the charges were without foundation; that

some of the colony's acts which were complained of as unlawful were

well within her charter privileges; and that the decisions of her

courts, far from being illegal, had, in nearly every case, when

brought to the attention of the English government, been approved by

it. Further than this, the Connecticut agent obtained a stay in the

proceedings of the Mohegan case,[n] though it was soon reopened and

seriously menaced the colony until the settlement in her favor in

1743. In the famous Liveen or Hallam case, Connecticut opposed an

appeal to the Crown, because such an appeal would give the Privy

Council the right to interpret the charter and pass upon the colony

laws.[o] Though Sir Henry Ashurst had succeeded in having many of the

charges dropped, the danger had been so great to the colony that he

privately advised the government to conciliate the Crown by protesting

its immediate readiness to fulfill all military obligations, and, as a

further proof of loyalty, to repeal at once the old law of 1657

against heretics which Queen Anne had just annulled (October 11, 1705)

at the request of the Quakers. The General Court, as we have seen,

followed his advice, and repealed the law in so far as it concerned

Quakers. But this was not enough to satisfy other dissenters in the

colony. The Rev. John Talbot had arrived in England in 1706 to plead

in person [80] for an American bishop, and Colonel Heathcote in 1707

wrote [81] with respect to the Episcopalians in Connecticut that it

would be absolutely necessary to procure an order from the Queen

freeing the Church of England people from the established rates, or

they would always be so poor as to be dependent upon the Society for

Propagating the Gospel. He further asked the repeal of the law

whereby the Connecticut magistrates "refuse liberty of conscience to

those of the established (English) church." Colonel Heathcote adds

that it would not be much more than had been granted to the Quakers,

and that it "would be of the greatest service to the Church than can

at first sight be imagined."

So great was the importunity of the Connecticut Episcopalians, that,

in 1708, Governor Saltonstall wrote to England to disarm their

complaints against the colony. It looked as if religious discontent

might become a dangerous thing. Royal disfavor certainly would be. It

might be better to condone the lack of religious uniformity among a

few scattered dissenters, differing among themselves, and to endure

it,--obnoxious as it was,--than to suffer the loss of the Connecticut

charter. Moreover, this tendency to the spread of nonconformity might

be controlled by judicious legislation. Furthermore, it would be

politic to have upon the colony lawbook some relief for dissenters

from its Establishment similar to the English statutes relieving

nonconformists there from adherence to the Church of England. Hence

the Toleration Act, and, of necessity, the proviso in the act of the

following session of the General Court whereby it approved the

Saybrook Platform.

The Toleration Act was of no benefit to Rogerine or Quaker, who by

their principles were forbidden to take the oath of allegiance that it

demanded. It was of little practical advantage to Baptist or

Episcopalian, but it was a move in the right direction. According to

its terms, dissenters, before the county courts, could qualify for

organization into distinct religious bodies by taking the oath of

fidelity to the crown, by denying transubstantiation and by declaring

their sober dissent from Congregationalism. They could have such

liberty, provided that it in no way worked to the detriment of the

church established in the colony,--that is, the law did not exclude

any dissenter "from paying any such (established) minister or town

dues as are or shall hereafter be due from him."

At best, such toleration would provide a rigorous test of a

dissenter's sincerity. He would have nothing of worldly advantage to

gain and much to lose as a "come-outer" from the Establishment.

Social prestige would remain almost entirely within the state

church. It would be to a man's pecuniary advantage to stay within its

fold. Without it, he would be doubly taxed; by the State for the

support of Congregationalism, by his conscience to maintain the church

it approved. If he lapsed in duty toward his own, he would easily

become a marked man among his few co-religionists. If he failed to

attend regularly the church of his choice, the ancient law of the

colony would hale him before the judge for neglect of public worship,

and fine him for the benefit of a form of religion which he viewed

with aversion as unscriptural, if not also anti-Christian. In a new

and thinly settled country where life was hard and money scarce, this

double taxation was of itself almost prohibitive of dissent. And yet

this Toleration Act, notwithstanding its meagre terms, and which,

considered in the light of the twentieth century, implies one of the

worst forms of tyranny, was a measure of undreamed-of and dangerous

liberality if looked at from the point of view of the sixteenth

century, or even from that of many princes of the eighteenth. The very

summer following the passage of this act saw London crowded with

refugees from the religious tyranny of the Palatinate, whose Elector

was determined to force the people, after over a hundred and thirty

years of Protestantism, back to Rome because he was himself a

Romanist, and IMPERII RELIGIO RELIGIO POPULI. The Connecticut

law-makers had a good deal of faith in this same principle, though

they never had resorted, and did not wish to do so, to extreme

penalties to secure religious uniformity. The solidarity of the people

and the geographical position of the colony had contributed largely to

a uniform church life. Far from the usual ports of entry, the early

dissenters had for the most part passed her by. But at the beginning

of the eighteenth century, watching the signs of the times elsewhere,

and aware of the cosmopolitan element creeping into her population,

the Connecticut authorities were ready to admit that soon it might be

necessary to modify somewhat the old dictum that the religion of the

government must be the religion of all its people. England had seen

fit to make such modification, and her test of roughly twenty years

had shown conclusively that religious toleration and civil disorders

were not synonymous, as had formerly been believed. The Connecticut

colony had no particular desire to follow in England's steps. If it

had, after-history would have associated it in men's minds less with

the Puritanical narrowness of New England and more with such tolerance

as was shown in Pennsylvania, Maryland, and Rhode Island. Tolerance,

Connecticut thought, might work well under a government like that of

England, but her leaders were not convinced that it would be

altogether wise for their own land. They, therefore, had preferred to

postpone as long as they could the possible evil day. Now that

toleration could no longer be delayed, they had admitted it most

guardedly, and at once had proceeded to strengthen their own church

foundations by the establishment of the Saybrook system of

ecclesiastical government.

FOOTNOTES:

[a] "For the ease of such as soberly dissent from the way of worship

and ministrie established by the ancient laws of this government, and

still continuing, that if any such persons shall at the countie court

of the countie they belong to, qualifie themselves according to an act

made in the first year of the late King William and Queen Mary,

granting libertie of worshipping God in a way separate from that which

is by law established, they shall enjoy the same libertie and

privilege in any place in this colonie without let, or hindrance or

molestation whatsoever. Provided always that nothing herein shall be

construed to the prejudice of the rights and privileges of the

churches as by law established or to the _excluding any person from

paying any such minister or town dues as are or shall hereafter be due

from him_." (The italics are mine. M. L. G.)

_Conn. Col. Rec_. v, 50.

Failure to comply with the law was punished by a heavy fine, and in

default thereof, by heavy bail or by imprisonment until the time for

trial.

[b] Later in 1707, Mr. Wightman and Mr. John Bulkley,

Congregationalist minister of Colchester, by permission of the

authorities, who were troubled by the rumor that the Baptists and

Seventh-day Baptists were about to begin proselytizing in earnest in

Connecticut, entered into a public debate as to the merits of their

respective religious beliefs. Not much came of it to the

Congregationalists, who had expected to see Mr. Wightman's arguments

annihilated, while the Baptists had a fine opportunity to publish

broadcast their views. Such a discussion was steadily forbidden Browne

and Barrowe in 1590. A century had developed sufficient toleration to

make interesting, as well as permissible, a public discussion of

divergent beliefs.

[c] The report to the Commission of Trade and Foreign Plantations made

in 1680 gave:

"26 Answ. Our people in this colony are some strict Congregational

men, others more large Congregational men, and some moderate

Presbyterians, and take the Congregational men of both sorts, they are

the greatest part of the people in the colony.

"There are 4 or 5 Seven-day men, in our Colony, and about so many

Quakers.

"17 Answ. (1) Great care is taken for the instruction of ye people in

ye X'tian religion, by ministers catechising of them and preaching to

them twice every Sabbath daye and sometimes on lecture dayes; and so

by masters of famalayes instructing and catechising the children and

servants being so required by law. In our corporation there are

twenty-six towns and twenty-one churches. There is in every town in

the colony a settled minister except in two towns newly begun."--This

was equivalent to one minister to 460 persons, or to about 90

families.--_Conn. Col. Rec._ iii, 300. Trumbull's _Hist. of

Conn._ i, 397.

[d] Humphrey Norton in the New Haven colony was whipped severely,

burnt in the hand with the letter "H" for heretic, and banished for

being a Quaker. The next year, for testifying against the treatment of

Norton, William Bond, Mary Dyer, and Mary Whetherstead were

apprehended by the same authorities, and forcibly carried back to

Rhode Island.--H. Rogers, _Mary Dyer_, p. 36. For the Quaker Laws

of both colonies see Note 69.

[e] The notorious William Ledra of later Massachusetts fame was one of

these.

[f] This year a law was passed requiring every person to carefully

apply himself on the Lord's day to the duties of religion. See _New

Haven Hist. Soc. Papers_, ii, 399.

[g] "Articles of Misdemeanor vs. Connecticut, July, 1665. "They deny

to the inhabitants the exercise of the religion of the church of

England; arbitrarily fining those who refuse to come to their

congregational assemblies."

Law Book of Conn, printed 1670. "It is ordered that when the ministry

of the word is established according to the Gospel, throughout this

Colony, every person shall duly resort and attend thereunto

respectively upon the Lord's day, upon public fast days and days of

thanksgiving as are generally kept by appointment of authority; and

any person ... without necessary cause, withdrawing himself from the

public ministry of the word, he shall forfeit for his absence from

every such meeting five shillings."--_Conn. Col. Rec_. iii, 294.

[h] They reported that the colony would "not hinder any from enjoying

the sacraments and using the common prayer book, provided that they

hinder not the maintenance of the public minister."--Hutchinson,

_Hist, of Mass._, p. 412.

Dr. Beardsley suggests that influential citizens may have assured them

that the laws would be modified to accommodate

Episcopalians.--E. E. Beardsley, _Hist. of the Episcopal Church_,

i, p. 116.

[i] Population in 1656, 800; 1665, 9000; 1670-80, 10,000-14,000; 1689,

17,000-20,000; 1730, approximately, 50,000; 1756, 130,000; 1761,

145,000; 1776, 200,000; 1780, 237,946--F. B. Dexter, Estimates of the

Population of the American Colonies, in _American Antiquarian

Society Proceedings_, 2d series, vol. 5.

[j] Up to 1680, there was only one Episcopal clergyman in New England,

Father Jordan, of Portsmouth, N. H. There was an Episcopal clergyman

at the fort in New York, and outside of Virginia and Maryland only two

others in North America. There were a few Episcopal families in

Stratford in 1690.

[k] Or "Propagation,"--as it is most frequently called.

[l] Mr. Muirson's report after his first visit to Stratford was that

he had had "a very numerous congregation both forenoon and afternoon."

He continues, "I baptized about twenty-four persons the same

day.... "The Independents threatened me and all who were instrumental

in bringing me thither, with prison and hard usage. They are very much

incensed to see the Church (Rome's sister, as they ignorantly call

her) is likely to gain ground among 'em, and use all stratagem they

can invent to defeat my enterprise,"--_Church Doc. Conn._, i,

p. 17.

Colonel Heathcote wrote, "The Ministers are very uneasy at our coming

amongst them, and abundance of pains were taken to persuade and

terrify the people from hearing Mr. Muirson, but it availed

nothing;"--not even the threat to jail the rector for holding services

contrary to the colony law which the magistrates had read to him at

his lodgings.--_Church Doc. Conn._, i, p. 20.

[m] "We received no persecution than that of the tongue until

December, 1709."--_Ibid._, i, p. 42.

[n] The Mohegan Indians had sold certain lands to the colony in 1659,

Major John Mason acting as agent. These lands had been conveyed to

English proprietors. John Mason, the major's grandson, representing

his own and other interests, pretended that both his grandfather and

the Indians had been overreached and wronged by the colony in the

transaction; that the colony had taken more land than agreed upon from

the Indians, and had also seized some that belonged by private

purchase to the Mason heirs. For the sake of peace and the credit of

magnanimity, the government offered to the chief, Owaneco, who

represented the Indians, to pay them again for the land, but Mason and

his party resolved to prevent such a settlement. One of them went to

England with a false report of extortion practiced upon the savages,

and a commission was sent out to investigate. Connecticut was willing

to answer the commissioners if they sought facts for a report, but

when they assumed the right to decide the question judicially, the

colony could only protest against their pretensions. The commissioners

adjudged the land in dispute to the Indians and the Mason party, and

charged the colony nearly £600 and costs. The colony appealed to the

Crown and won the case in 1743; but it was again appealed by Mason,

and in this fashion dragged along until after the Revolution, when the

Indians were content to accept the reservation allotted by the State

to them.--C. W. Bowen, _Boundary Disputes_, pp. 25-27.

[o] John Liveen of New London in 1689 left property to the "ministry

of the town." Major Fitz-John Winthrop and his brother-in-law Edward

Palmes were executors. Major Winthrop was absent with the army on the

northern frontier, but made no objection to the probating of the will

at a special court in New London in 1689. This probating Major Palmes,

a former friend of Andros, declared void, since Andros had ruled that

all wills should be probated at Boston. Upon special application of

Mrs. Liveen, in 1690, the county court probated a copy of the will,

since Palmes held the original. To this probating the latter also

objected on the ground that, though the court had been again

legalized, the "ministry" referred to must be that recognized by the

English law and not the Congregational ministry of the town,--the only

one then existing. The colonial courts decided against him, and John

and Nicholas Hallam, the widow's sons by a former marriage, virtually

accepted the terms of the will and the court's decision by being

parties to the sale of a portion of the Liveen estate, the ship

"Liveen." The estate could not be wholly settled; so the town

continued to receive a regular dividend until after the widow's death

in 1698. Then the sons attempted to contest the will. The Court of

Assistants confirmed the proceedings of the lower courts. Not

satisfied with this decision, Nicholas Hallam went to England in

1700-1702, and was allowed to plead his case before the Privy

Council. Sir Henry Ashurst held that the charter gave the right of

final decision, but the Lords Commissioners of Trade and Plantations

thought otherwise, and it looked as if Hallam was to win his case,

when he was ordered to return to America and, because of

technicalities, to retake all the testimony. In 1704, because of his

acknowledged signature in the sale of the "Liveen," the suit was

decided in favor of the colony.--F. M. Caulkins, _Hist. of New

London_, pp. 222-228.

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